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Current Mushroom Laws


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#1 slp

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Posted 14 November 2005 - 02:47 AM

Spores of Psilocybe mushrooms can be legally purchased from several mail order sources; however, cultivation and consumption of the mushrooms are illegal in many jurisdictions.

Internationally, psilocybin is a Schedule I drug under the Convention on Psychotropic Substances. Parties to the treaty are required to restrict use of the drug to medical and scientific purposes.

In Japan, it was legal to possess and sell psilocybin mushrooms until June 2002. Possession was made illegal in 2002, possibly in preparation for the World Cup and in response to a widely reported case of mushroom poisoning.

In Denmark, sale, possession and consumption of psilocybine/psilocine mushrooms were legal up until 2002, where the governmental purge of what they called "designer drugs" outlawed them along with a number of other hallucinogens and empathogens.

In the United States, psilocybin and psilocybe mushrooms are regulated under DEA Schedule 1 , making them illegal to possess under federal law. (Researchers and their subjects are granted exemptions by the DEA.) Under state law, it is illegal to possess psilocybin and psilocybin mushrooms in all states except New Mexico. New Mexico appeals court ruled on June 16, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. [Growing hallucinogenic mushrooms not illegal, state appeals court rules] Psilocybin mushroom spores are legal to sell and possess in every state except California, Idaho, and Georgia.

In the United Kingdom, possession of unprocessed mushrooms is illegal. As a result of new laws unveiled on January 18, 2005, psilocybin-containing mushrooms are now classified as a Class A substance under UK law.

In the Netherlands , possession of unprocessed mushrooms is legal. However, when prepared, the product (dried mushrooms, tea or powder) may be construed as illegal. Because of this there are a lot of drug shops selling fresh mushrooms in the Netherlands, especially in Amsterdam.

In Norway, possession of the indigenous Liberty cap (Psilocybe semilanceata) has been illegal since 1977. In 2004, all mushrooms containing psilocybin and psilocin, and specifically Psilocybe cubensis, were outlawed.

In the British Virgin Islands, where the mushrooms grow naturally, it is legal to possess and consume psilocybin mushrooms, however their sale is illegal........Taken from #15 "TEO" Feb 2005, not yet published. slp/fmrc

Edited by TastyBeverage, 05 August 2009 - 04:03 AM.
formatting


#2 Guest_pissybee_*

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Posted 14 November 2005 - 04:56 AM

New Mexico appeals court ruled on June 16, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. [Growing hallucinogenic mushrooms not illegal, state appeals court rules] Psilocybin mushroom spores are legal to sell and possess in every state except California, Idaho, and Georgia.

They found that growing them doesn't constitute manufacture, not that growing them is legal for personal consumption. The mushrooms are still illegal to posess, and I am pretty sure that with a grow setup, they could charge him with possession with intent to distribute, which would probably rely on the amount they found. It says right in the appeal, that he didn't refute the possession charges, so he still went to jail and still did some time for the manufacture, until his apeal went through, lessening the charge of manufacture, but retaining the other charges of paraphenalia, and possession...

#3 Guest_pissybee_*

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Posted 14 November 2005 - 04:57 AM

Also, they are still illegal under federal law, regardless...

#4 reverend trips

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Posted 14 November 2005 - 06:27 AM

This is good information.
Is anyone familiar with the Candian laws?
I've seen websites offering mushroom kits with live cubensis spawn in Canada.

#5 slp

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Posted 14 November 2005 - 09:55 AM

"In the United States, psilocybin and psilocybe mushrooms are regulated under DEA Schedule 1, making them illegal to possess under federal law."
That was my post. I would post about Canadian laws, but there appears to be more greater knowledge here on current laws than what I have to offer. Rather than risk the chance of more corrections, I will let other, more knowledgeable people here explain Canadian Law.........slp/fmrc

#6 dead_diver

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Posted 14 November 2005 - 12:25 PM

In Florida it is legal to be in possesion of fresh field picked shrooms as long as you don't admit to knowing what they are. You can still get busted for tresspassing, prowling at night and charged with any damage to fences and property regardless of who did it.

#7 blackout

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Posted 14 November 2005 - 01:21 PM

There have been calls/rumours of them being made illegal in Ireland due to a recent death of a man on them. Also dry mushrooms are openly available in a few headshops in amsterdam, even before the law change


"A Halloween partygoer who had taken magic mushrooms leapt to his death convinced he could fly. The 33-year-old mans girlfriend watched in horror as he plunged 40ft from the balcony of a plush apartment. Last night there were calls for a ban on the magic mushrooms - bought LEGALLY at a herbal shop in Dublin. Witnesses at the party in Dun Laoighaire on Sunday night told how the man had started acting strangely. One guest said "He suddenly jumped up ran on to a balcony and flew straight into the air". Cops believe the man started hallucinating after eating the mushrooms. He jumped from the fourth story of a five-storey building. The witness added " These mushrooms are deadly. This young man began acting weirdly."
"The stuff he took has similar effect to LSD-its hallucinogenic. He obviously thought he could fly. He bought the mushrooms in a herbal shop and they ended up killing him." Gardai yesterday cordoned off the area at upmarket Anchorage Apartments in Clarence St. Dun Laoghaire. Detectives from the national drug unit fear Ireland could be swamped with magic mushrooms - which are banned in the UK. A legal loophole means the Dutch produced fungus is legal here. One top cop last night told the Sun "We could have an epidemic on our hands unless this problem is sorted out." Senior officer plan to hold emergency talks with Justice minister McDowell today to discuss closing the loophole."

#8 Guest_dial8_*

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Posted 14 November 2005 - 02:58 PM

I've never fealt like I could fly. Even when tripping my b*lls off I know exactly what I can and can't physically do.

#9 cat

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Posted 14 November 2005 - 09:20 PM

seriously...the man clearly had no respect for the drug...you feel like you're powerful sure when the adrenaline rush kicks, probably my favorite part, but never do you assume you can fly!

#10 hydrodad

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Posted 15 November 2005 - 01:28 AM

I wonder if there were other drugs on board, or perhaps... he even decided that BEFORE tripping, it would be a great way to end it all. After all... there could be a number of factors involved. But... take note of this: " One top cop last night told the Sun". Is that the infamous "Sun" paper that has the photos of the alien pig-boy from Venus on the cover ? if it is, then I would not even give heed to the claim. As mentioned above, flying never has occured during a trip. But who knows ?

#11 blackout

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Posted 15 November 2005 - 06:24 AM

Yes it is the gutter press sun newspaper. The incident happened about 4 miles from where I live, afoafoaf knew the guy. I heard it was his first time taking them, but nothing else. I would be 99% sure that he was drinking too . The majority of suicides happen with alcohol taken, yet it is never said "He obviously thought he could fly" if a drunk kills themselves, either by accident or suicide. Of course it is a tragedy whether it was an accident or a suicide but the sun are sensationalists. It got a main front page headline, little news since, I think policitians would not want to admit even hearing about it since it was only menitoned in that paper.

#12 max

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Posted 15 November 2005 - 09:25 AM

In Canada, spores are legal but growing magic mushrooms is illegal. Posession of magic mushrooms picked in fields is illegal. The mushrooms themselves are not illegal but they contain illegal chemicals. There are no 'task forces' out there specifically looking for people involved in magic mushrooms, most arrests come as the result of something else, like a pot grow-op and then some shrooms found. Pickers in fields are more likely to have the shrooms dumped out and charged with trespassing. And this would only be if a farmer called the cops. Penalties would be much lesser than US if charged. In Canada, it is not a priority to fill up the jails, a cop might ask you to shut down on your own first before coming back with a search warrent.

#13 Hippie3

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Posted 15 November 2005 - 09:33 AM

(he is irish after all, I have only met, or even heard of, one single Irish person in my age group who does not drink, most drink to excess)


hey
take yer racist remarks elsewhere.
we don't tolerate that kind of bashing here.

#14 nerve

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Posted 15 November 2005 - 10:24 AM

In Canada, it is not a priority to fill up the jails, a cop might ask you to shut down on your own first before coming back with a search warrent.



Asking you nicely to stop. Lol canucks rule.

#15 blackout

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Posted 15 November 2005 - 01:44 PM

hey
take yer racist remarks elsewhere.
we don't tolerate that kind of bashing here.

Well no offence was meant whatsoever. I am Irish myself, real Irish, as in born and living in dublin (rather than Irish-american who do actually seem to get offended at the drunk-irish stereotype). I was just being perfectly honest about it, there are a few discussions about this on general Irish forums and most people are also saying he was most probably drinking too, nobody once said they were racist comments.
If I had never mentioned Ireland and if I had said "he lives near me after all, I have only met, or even heard of, one single person living near me in my age group who does not drink, most drink to excess" I dont think you would have had much of a problem.
Ireland have the second highest beer consumption per capita on earth, it is a simple fact, not some myth.

#16 Guest_pissybee_*

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Posted 15 November 2005 - 02:04 PM

Sorry fmrc, I was just saying that the state laws still make them illegal as well, didn't want folks mislead into thinking they should move to New Mexico to grow mushrooms and thinking they were not breaking the law, is all. I wasn't saying you were wrong, just clarifying for everyone. I had heard several say they were moving to New Mexico to grow shrooms, because it was legal, and I wanted to make sure they knew that it isn't...

#17 blackout

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Posted 27 January 2006 - 09:02 AM

http://www.dublinpeo...d=683&Itemid=49

Law change after drug death
The Government is taking steps to change Ireland’s drug laws following the fatal fall of a young local man whose death has been blamed on magic mushrooms, Southside People has learned.Minister of State Noel Ahern (FF) confirmed last week that he is arranging with the Tánaiste and Minister for Health, Mary Harney, to review drug legislation after the death of the man in Dun Laoghaire last year.
The family of the man has already met Government officials in an attempt to get the substance banned.
The young man in his 30s from Dun Laoghaire died after he jumped out of the balcony of his apartment in the town.
There is an ongoing Garda investigation into the incident.
It is understood that the man bought the magic mushrooms at a shop in Dublin where the potent hallucinogenic substances are still legally and openly on sale.
The man had taken less than the recommended dosage that was printed on the packet. Previous to taking them he and his girlfriend and other friends had been playing a game of trivial pursuit and drinking beer.
The man’s family insist that the drugs were to blame for the actions that led to the young man leaping to his death.
In July of last year magic mushrooms were classified as class A drugs in Britain alongside heroin and cocaine.
However, although there has been a long-standing ban on dry or packaged magic mushrooms, it is still legal to possess or sell them in fresh form in the Republic.
Dublin South Central TD Aengus O’Snodaigh (SF), who has been in contact with the bereaved family, said they are trying to make sure that people are aware about what happened to their son.

“They also want more prosecutions against these outlets to make sure that the same thing doesn’t happen to someone else’s son or daughter,” he said.
Fine Gael spokesman on health, Dr Liam Twomey TD, said the Minister for Health and Children, Mary Harney, should address the matter immediately and ban the substances.
“The Minister should ban magic mushrooms and not make them so freely available,” Dr Twomey said. “Overall the UK normally has a more liberal drugs policy than Ireland. This should be an indication that there should be no argument about this.
“These mushrooms do have hallucinogenic and often unpredictable effects,” he added. “Many people can get away with taking them but some people can end up getting addicted and having significant psychotic episodes and something unfortunate can happen, as in this case.”
However, it was revealed late last week by the Minister of State, Noel Ahern, that, in fact, he has already met with officials in the Department of Health and Children to discuss the legality of magic mushrooms.
“Late last year, following the sad death of this man, I met with members of his family and I subsequently arranged for officials from my department to meet with representatives of the Department of Health and Children, other departments and the gardai to assess the legal situation regarding magic mushrooms and whether existing legislation is sufficient to deal with their increased use and sale,” Minister Ahern told Southside People. “Arising from this, and subsequent consideration, it was decided that a change in the law was warranted. This is now being arranged through the Tánaiste, Mary Harney TD, Minister for Health and Children, and her department.”
Minister Ahern said the details are currently being worked out but added that he hoped that an appropriate change in secondary legislation could be made in the coming weeks.
A 2003 drug prevalence study found that, across Ireland, magic mushrooms were the second most-used drug, with four per cent of the population saying they had used them at some time in their life. This compared with 18 per cent who had tried cannabis.
In response to a Dáil question posed by Aengus O’Snodaigh last year, the Minister for Justice, Michael McDowell, said the gardai regularly monitor premises where mushrooms are bought.

#18 Hippie3

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Posted 27 January 2006 - 09:08 AM

Well no offence was meant whatsoever. I am Irish myself, real Irish, as in born and living in dublin (rather than Irish-american who do actually seem to get offended at the drunk-irish stereotype). I was just being perfectly honest about it, there are a few discussions about this on general Irish forums and most people are also saying he was most probably drinking too, nobody once said they were racist comments.
If I had never mentioned Ireland and if I had said "he lives near me after all, I have only met, or even heard of, one single person living near me in my age group who does not drink, most drink to excess" I dont think you would have had much of a problem.
Ireland have the second highest beer consumption per capita on earth, it is a simple fact, not some myth.



claiming to be irish doesn't give you leeway
to foster negative stereotypes.
no more than claiming to be black
entitles you to use the word nigger here.
:naughty:

#19 blackout

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Posted 29 January 2006 - 12:16 PM

claiming to be irish doesn't give you leeway
to foster negative stereotypes.
no more than claiming to be black
entitles you to use the word nigger here.
:naughty:

Well no offence was meant and I hope nobody was offended. I personally do not think of it as a "negative" stereotype. I was just stating my own experiences that I presumed he would be drinking, and I was proved right, he was drinking.

Anyways here is more bad news, Cork is the second biggest city in Ireland...

Cork shopowner fails in magic mushroom bid

27 January 2006 22:16
The owner of a shop in Cork which sells magic mushrooms has failed in court to stop customs seizing shipments of mushrooms she imports.

Helen Stone told the High Court that customs officers had seized four shipments of the mushrooms worth over €7,000, two of those in the past fortnight.

Ms Justice Mary Laffoy said there was a fair issue to be tried and said she would give an early date for a hearing of the case. However, she did not grant the injunction stopping Customs from seizing Helen Stone's mushrooms.


Ms Stone says even though the mushrooms contain illegal chemicals, they are legal because she imports them in a fresh and unprocessed state.

However, Customs contends the mushrooms are illegal because of the illegal chemicals.

Magic Mushrooms are openly on sale in a number of shops all over the country and neither gardaí, Customs, or the Departments of Justice and Health know if they are legal or illegal.

http://www.rte.ie/ne.../mushrooms.html

#20 BuckarooBanzai

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Posted 30 January 2006 - 10:39 PM

Well, I'm Irish-American, and I found it rather more than a little offensive. It wasn't just the propogation of stereotype, it was the way in which you said it. The whole, "he is Irish after all" phrasing sounded a hell of a lot like the other racial BULLSHIT that drives me nuts and makes it "okay" for one group to hate another.

Also, he WAS Irish. Currently, he's a corpse.

Watch out for broad generalizations. Generalizing all mushroom consumers into the same category as this poor fellow is exactly why mushrooms are illegal in most countries.




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